Editorial: State steps up on Internet privacy

2013-09-20 13:36:37

California has a proud history of protecting its citizens from unwelcome intrusions into their personal lives. In fact, the state constitution’s Declaration of Rights begins by deeming privacy one of the inalienable rights of all people, a pronouncement far more sweeping than the protections contained in the U.S. Constitution.

That disposition has always been noble, but it’s doubly important today, in an atmosphere where everything from National Security Agency surveillance to airport security lines demonstrates a growing disregard for the right of innocent citizens to be left well enough alone.

While the rise of the surveillance state is the most dramatic threat to privacy, it bears remembering that, especially in this digital era, unwanted intrusions also can come from the private sector. We’re proud of the fact that California was the first state to translate that insight into law with the Online Privacy Protection Act, which took effect in 2004. That law requires websites to post a privacy policy detailing, among other things, what kind of user information they collect and what kind of third parties might be given access to it.

As time has gone by, however, it’s become clear that those safeguards don’t go quite far enough. That’s why both houses of the state Legislature late last month unanimously passed Assembly Bill 370, the Online Tracking Transparency Act.

Under current practices, most major Web browsers allow users to apply a “do not track” signal, which indicates their desire to keep their browsing habits from being monitored. There’s no legal mechanism, however, forcing websites to comply with that request. Though AB370 doesn’t go so far as to prohibit the monitoring, it does force it into the daylight. Under the proposed law, commercial websites or online services will have to reveal to users whether they honor the “do not track” signal and if they allow tracking by third parties.

In a perfect world, we would have favored a farther-reaching bill preventing the monitoring of anyone who applies the “do not track” option. Short of that prohibition, however, transparency is the best possible remedy. While some Californians may be unperturbed by the monitoring, those who are more circumspect have a right to know which sites won’t honor their requests for privacy – and to take their business elsewhere if they so choose.

This is an exercise in common sense, which is why it received the votes of both outspoken liberals and vehement conservatives. We hope Gov. Jerry Brown will sign AB370 and make the consensus complete. And we hope Californians will continue to demonstrate such vigilance when it comes to online privacy.